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4 secret rights that savvy air travelers know

JeanettePavini

Award-winning broadcast journalist and author Jeanette Pavini writes the Buyer Beware column for MarketWatch and wants to hear your stories, questions, problems and complaints. Write to her at BuyerBewareMKTW@gmail.com.

SAN FRANCISCO (MarketWatch) — Having some insight on the lesser-known rights and benefits most air travelers don’t understand can really give you an advantage when dealing with airlines.

Business travelers know all too well the downside to travel: canceled or delayed flights, overbooked flights and lost luggage, just to name a few. Yet, travelers do have rights. Some of them are hidden in the fine print, while others reflect recent changes to or enforcement of regulations.

1. U.S. vs. European carriers: When it comes to international travel, Jonathan Harriman, an attorney with the Alexander Anolik law firm, which operates travellaw.com, said he suggests consumers consider a European carrier because of these three little words: mandatory delay compensation.

“European air carriers are subject to EU air passenger laws, which are substantially better than U.S. air passenger laws,” he said. “The EU laws require air carriers to provide compensation (cash, food, hotel, phone call, etc.) for long delays and flight cancellations, while the U.S. laws don’t require carriers to provide anything. It’s worth it to pay a little more (10%) for these additional EU protections,” he said.

On the flipside, if your luggage is lost, U.S. carriers offer up to $3,300 whereas European carriers offer up to $1,500. But for anyone that has been sitting at an airport for hours on end — especially when taking an international flight — a little compensation may help ease the pain.

2. Luggage: Not liable? Oh, yes they are. Next on the list: Those “Checked Baggage Limitations of Liability” clauses are out the window.

Harriman said, “Many air carriers state in their ‘Contract of Carriage’ that, when checked bags are lost, they are not liable for the loss of jewelry, electronics, antiques, etc.”

Many contracts of carriage state that when baggage is delayed, the carrier is not liable for any costs if the bag is returned within 24 hours. These limitations on liability are illegal, by order of the U.S. Department of Transportation, Harriman said. “If they lose your luggage, the airline is liable for the actual value of whatever was in your bag, up to the maximum stated in the contract of carriage (usually $3,300).”

So, regardless of what the clause says, the airlines may be liable for any of your checked items including electronics, jewelry and so on up until you reach the maximum amount of reimbursement.

“In the case of a delay, they are liable for any damages actually incurred as a result of the delay up to the maximum,” Harriman said. “It’s a good idea to try and keep copies of your receipts to back up your claims.”

Another idea is to take a photo with your phone and have shots of everything packed in your luggage. And the DOT is taking this seriously. In August, the DOT fined Emirates airlines $100,000 for improperly limiting reimbursements for delayed baggage.

3. How to get the airlines to pay attention: One of the best ways to find out your consumer rights is to check the airlines’ ‘Customer Service Plans’ which as of last month are required to be posted on their websites.

You will find your rights and the carrier’s obligations regarding delays, lost baggage, cancellations, travel with disabilities and other situations.

If you have a complaint against an airline the best thing to do is go to the airlines website. Check their ‘Customer Service Plan’ or their ‘Contract of Carriage’ to see if they have violated it in any way. If you believe they did violate your rights, notify an employee. If they don’t help you, file a report with the Department of Transportation’s Aviation Consumer Protection Division. Airlines take complaints seriously when consumers make complaints about them to the DOT.

4. Taking airlines to court: The next hidden secret really works to the consumer’s advantage. Many airlines ‘Contracts of Carriage’ include a section on Forum Selection Clauses. In the event a consumer wants to file a lawsuit against an airline it would need to be done in a specific city or county. Usually this is where the headquarters of a particular airline is located. This can discourage consumers from actually filing the lawsuit because in addition to legal fees, there would be travel and extended stay expenses. Yet, the hidden secret here, according to Harriman, is airlines can’t enforce this any longer.

“As of Aug. 24, Forum Selection Clauses are illegal and void according to the DOT. An airline can be sued anywhere it does business (takes off/lands). This is dramatically different than practically every other industry where forum selection clauses are rigorously enforced,” he said.

Be reasonable: Keep in mind that when all is said and done, airlines do mostly get us from one place to the next in hours and from one side of the world to the other within a day … while we watch movie and sometimes even have a cocktail.

Along with this sometimes comes frustrations and inconveniences. I’ve been there myself. Last year I was waiting for 10 hours at New York’s JFK airport for a flight that was delayed due to weather.

Not much you can do about Mother Nature. So, most of the thousands of travelers made themselves at home on the floor and used carry-on cases for pillows. Still, one man started yelling at the employee behind the counter at the gate. He yelled for 10 minutes — until a few of us finally spoke up and told him the gate agent has no control over the storm going on outside.

Yelling at the customer service representatives gets you nowhere. We all know they have no control over delays or bumped seats. But if passengers are respectful and understanding, that can many times work to their advantage — or at least help keep their blood pressure in check.

“The airlines don’t make you wait because they enjoy watching us wait on the tarmac. They don’t want a delay just as much as you don’t want to be delayed,” Harriman said. But knowing your full rights as a passenger can make the inconveniences of air travel easier to tolerate.

Jeanette Pavini is a regular contributor to various publications and Better.TV. She also hosts the weekly TV series, “The Real Deal” on NBC Bay Area and is the national spokesperson for Coupons.com. Write to her at BuyerBewareMKTW@gmail.com.

Jeanette
Pavini

Emmy Award-winning broadcast journalist, documentarian and author Jeanette Pavini covers consumer and investigative news for numerous publications, radio and television. Jeanette is based in the San Francisco Bay Area. Follow her on Twitter @jeanettepavini.

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Jeanette
Pavini

Emmy Award-winning broadcast journalist, documentarian and author Jeanette Pavini covers consumer and investigative news for numerous publications, radio and television. Jeanette is based in the San Francisco Bay Area. Follow her on Twitter @jeanettepavini.

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